Register inventions in the areas of weapons, ammunition and blasting in Vietnam?

1. Why should you register the inventions in the area of weapons, ammunition and blasting?

The areas of weapons, ammunition and blasting are special and conditional fields in Vietnam, only certain companies/organizations have the right to research and create inventions in these areas. However, it is still important to register the inventions with the National Office of Intellectual Property. It is usually very difficult to create an invention, especially in the areas of weapons, ammunition and blasting. It can cost a lot of time, effort and money, but on the other hand, it can be easy for other entities to copy an invention. Therefore, one of the first things that the owner of an invention needs to do is to register it with the authorities.

This is an administrative procedure with the purpose of receiving recognition and protection from the State. After being granted a patent, the invention will be protected from activities of copying or stealing. The owner of the invention will have the exclusive right to use the invention in manufacturing or distributing certain products.

Besides, in case there is any entity violating the above exclusive rights, the owner of the invention can ask competent state agencies to investigate and handle such infringement. Is also the legal basis and evidence for the owner to prove the ownership in resolving disputes related to the ownership of the invention.

The owner of the invention will also receive benefits in terms of business aspects. First, a patent will be good evidence of an innovative and high technology company, thus creating a good impression on business partners or investors of a company. Second, for a company that wants to commercialize an invention, the patent is very helpful in branding strategy and plan. Third, the patent can bring extra economic benefits for the owner by licensing or transferring activities.

2. What are inventions in the area of weapons, ammunition and blasting?

According to the provisions of intellectual property of Vietnam, an invention in general and an invention the area of weapons, ammunition and blasting in particular can be defined as a technical solution that apply natural principles in solving particular issues and the technical solution can be presented in the form of a tool, product, a mechanism or a method, process in the area of weapons, ammunition and blasting.

There are two types of patents in accordance with Vietnamese law: invention patent and utility solution patent.

There are some basic requirements that a technical solution needs to satisfy in order to be defined as an invention/utility solution:

- It is novel;

- It is creative; and

- It is susceptible of industrial application.

Based on the different natures and characteristics, inventions are sorted into different classes in accordance with the International Patent Classification (IPC). Inventions in the area of weapons, ammunition and blasting are classified into Class F41 and F42 under the newest version of IPC. These Classes mainly cover products or processes as below:

- Functional features or details common to both small arms and ordnance, e.g. cannons; mountings for small arms or ordnance;

- Weapons for projecting missiles without the use of explosive or combustible propellant charge;

- Small arms, e.g. pistols or rifles; accessories therefor;

- Apparatus for launching projectiles or missiles from barrels, e.g. cannons; Launchers for rockets or torpedoes; Harpoon guns;

- Weapons sights; aiming;

- Armour; Armoured turrets; armored or armed vehicles; means of attack or defense, e.g. camouflage;

- Targets; target ranges; bullet catchers;

- Explosive charges, e.g. for blasting; fireworks; ammunition;

- Ammunition fuzes; arming or safety means therefor;

- Blasting;

3. How to register inventions in the area of weapons, ammunition and blasting in Vietnam?

According to the Vietnamese intellectual property law, a proper patent registration dossier for an invention in general and an invention the area of weapons, ammunition and blasting in particular shall include the following documents:

- Declaration for registration in accordance with prescribed form (02 copies);

- Description of the invention (02 copies). The description shall have the following content: description; the protection request; and drawings or pictures of the invention (if any);

- Invention abstract (02 copies);

- Receipts of the prescribed fees and charges.

- In some special cases, the dossier also contains some related documents, for example, the power of attorney, documents and papers proving registration rights, or priority;

4. The process of registration for inventions in the area of weapons, ammunition and blasting in Vietnam?

In general, the process of registering an invention in the area of weapons, ammunition and blasting shall contain stages as below:

Stage 1. Submission of the application: The application shall be filed to the National Office of Intellectual Property (NOIP) in Ha Noi or NOIP’s representative offices in Da Nang city and Ho Chi Minh city. Besides, the application can be filed indirectly via postal services.

Stage 2. Formality examination: The application will be appraised by NOIP in terms of formality requirement of the application. This stage of examination normally takes 01 month.

Stage 3. Publication of the valid application: If the application is determined as a valid application, its information will be published in the Industrial Property Official Gazette by the NOIP after 18 months from the submission date.

Stage 4. Substantive examination: The purpose of substantive examination of applications is to assess the protectability of objects stated in the applications under the protection conditions and corresponding protection coverage (volume). The substantive examination usually takes about 18 months from the publishing date.

Stage 5. Issuance of protection titles: After the applicant pays all the prescribed fees and charges, the NOIP shall grant an invention/utility solution patent for the applicant.

5. Where to register inventions in the area of weapons, ammunition and blasting in Vietnam?

Currently, the Vietnamese intellectual property law stipulates that foreign entities (companies, organizations or individuals) shall only apply their inventions/utility solutions in Vietnam through official industrial property representative organizations. Minh Khue Law Firm has been recognised as an industrial property representative in Vietnam since August 2017, with the representative code is 226. We have helped many clients both in Vietnam as well as abroad to register their inventions successfully in Vietnam.

The Intellectual Property Department of Minh Khue Law Firm will carry out all the procedures for the client. Our office is based in Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi city.

The person in charge of the Intellectual Property Department of Minh Khue Law Firm:

Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn;

Phone number: + 84986 386 648

The completed register dossier will be submitted at: National Office of Intellectual Property of Vietnam.

Address: 384-386 Nguyen Trai, Thanh Xuan Trung, Thanh Xuan, Hanoi

6. Contact to register inventions in the area of weapons, ammunition and blasting in Vietnam?

Please contact: Minh Khue Law Company Limited

Address: Room 2007, C2 building, Vincom Tran Duy Hung, Trung Hoa ward, Cau Giay district, Ha Noi city.

Phone number: + 84986 386 648 - Lawyer: To Thi Phuong Dzung

Email: dung@luatminhkhue.vn

Best Regards,

Intellectual Property Department - Minh Khue Law Company Limite